Terms & Conditions

1. About these terms

1.1 These terms apply when you use Split with Maytes to pay for, or contribute towards, a purchase from a merchant. In these terms, “Maytes”, “we”, “us” and “our” means KttiPay Pty Ltd (ACN 657 958 195) trading as Split with Maytes. “You” and “your” means you as an Organiser or a Payer.

1.2 These terms, together with our Privacy Policy at maytes.co/privacy, form the agreement between you and us.

1.3 You agree to these terms when you select Split with Maytes at a merchant’s checkout, or when you open a Payment Link and choose to pay a Share. We record the version of these terms you were shown and the time you accepted them.

1.4 Separate terms apply to your purchase itself. Those are the merchant’s terms, and they cover the goods or service, delivery, cancellation and refunds. We are not a party to them.

1.5 To use Split with Maytes you must be at least 18 years old and legally able to enter into a contract.

1.6 You must pay using a debit or credit card that is issued in Australia and held in your own name.

2. What Maytes provides

2.1 Maytes provides technology that allows a group to split the cost of a single purchase between them. We coordinate the payment steps on behalf of the merchant.

2.2 Maytes uses Stripe as its payment processor. Maytes does not procure, supply or deliver goods or services on behalf of the merchant, and does not receive, hold or handle your money. All payments are processed by Stripe and settle to the merchant.

2.3 The merchant is the seller and the merchant of record for every payment made through Split with Maytes. The merchant supplies the goods or service, sets the price, and is responsible for delivery, cancellations and refunds.

2.4 We do not choose the merchant for you, and we do not endorse or guarantee anything they sell.

2.5 Split with Maytes is not a loan, not credit, and not a buy now pay later product. No credit is extended to you at any point, and no interest is ever charged.

3. Words we use

Capitalised terms in these terms have the meanings set out below.

4. How Split with Maytes works

Starting a split

4.1 When you select Split with Maytes at a merchant’s checkout, you become the Organiser. You tell us how the Total Amount is to be divided, and you give us the contact details of each Payer.

4.2 By giving us a Payer’s contact details, you confirm that you have that person’s permission to give them to us for the purpose of asking them to pay a Share.

4.3 You choose the Shares. We do not check whether a Payer has agreed to pay the Share you have allocated to them.

4.4 A split must include at least two Payers. There is no maximum number.

4.5 Your purchase from the Merchant is made when you complete checkout as Organiser. The Merchant’s terms apply from that moment. The payment of Shares by other Payers, and the Shortfall Capture, are steps in funding a purchase that has already been made.

Your payment and the Hold

4.6 At checkout, your own Share is charged to your card. At the same time, an authorisation is placed on your card for the balance of the Total Amount. That authorisation is the Hold.

4.7 A Hold is not a charge. It reserves an amount on your card so that it is available if it is needed. You need enough available funds or credit to cover the whole Total Amount at checkout, even though only your Share is charged at that point.

4.8 We release the Hold when the Total Amount has been paid in full, or at the Payment Deadline, whichever occurs first. How quickly a released Hold becomes available to you again is determined by your card issuer, not by Maytes.

Payers

4.9 We send each Payer a Payment Link. The Payer pays their Share directly to the Merchant through that link.

4.10 Before a Payer pays, they are shown what they are paying for, who the Merchant is, the amount of their Share, any fee, and these terms. A Payer agrees to these terms when they choose to pay.

4.11 As each Share is paid, the Hold on the Organiser’s card reduces by that amount.

4.12 If every Share is paid before the Payment Deadline, the Hold is released in full and nothing further is charged to the Organiser.

The Payment Deadline and the Shortfall Capture

4.13 The Payment Deadline is shown to the Organiser at checkout, before the Organiser confirms the split, and to every Payer in their Payment Link. It is 48 hours after checkout unless the Merchant has set a different period, and it is never more than seven days after checkout.

4.14 We send the Organiser reminders before the Payment Deadline. These tell the Organiser which Shares are still unpaid and the maximum amount that may be captured. The final reminder is sent three hours before the Payment Deadline.

4.15 If any Shares are unpaid at the Payment Deadline, the Shortfall is captured from the Hold on the Organiser’s card. This completes the payment the Organiser authorised at checkout. It is not a new or separate charge.

4.16 The amount captured will never be more than the amount of the Hold shown to the Organiser at checkout.

Changing a split

4.17 Before the Payment Deadline, an Organiser may cancel a Payer’s Share, or reallocate that Share to another person, through the Platform. An Organiser cannot reduce the Total Amount, and cannot extend the Payment Deadline.

4.18 Whether the purchase itself can be cancelled is determined by the Merchant’s terms. Contact the Merchant.

How the payment appears on your statement

4.19 Payments made through Split with Maytes appear on your card statement in the form “Maytes-” followed by the Merchant’s name. The card schemes limit this to 22 characters, so a longer Merchant name may be shortened.

5. Your authorisation for the Shortfall Capture

5.1 Before you confirm a split as Organiser, we show you separately, and ask you to confirm separately, that if Shares are unpaid at the Payment Deadline the Shortfall will be captured from your card. You give that confirmation by selecting a tick box immediately above the payment button. You cannot complete the split without it.

5.2 That confirmation shows you the maximum amount that may be captured, the Payment Deadline, and the last four digits of the card the capture will be made from.

5.3 We keep a record of that confirmation, including the time you gave it and the version of these terms you were shown. We will provide that record to your card issuer if they ask for it, and to you on request.

5.4 The information shown to you is described in Schedule 1.

6. Fees

6.1 The Merchant pays us a fee for providing Split with Maytes. That fee is a matter between us and the Merchant, and is not charged to you.

6.2 We may charge you a fee for using Split with Maytes. If we do, the amount is shown to you before you confirm, it is inclusive of GST, and it is included in the total you are asked to approve.

6.3 Our fees are not refundable where the split completed as described in these terms. This does not affect any right you have to a refund from the Merchant for the goods or service, or any right you have under the Australian Consumer Law.

6.4 Your card issuer may charge you fees in connection with a payment, a Hold, or a declined transaction. Those fees are set by your card issuer, are a matter between you and your issuer, and are not the responsibility of Maytes.

7. Your purchase, refunds and cancellations

7.1 Your purchase is with the Merchant. The Merchant’s terms determine whether you can cancel, whether you are entitled to a refund, and how much.

7.2 If you want to cancel or seek a refund, contact the Merchant. We cannot cancel your purchase or issue a refund on the Merchant’s behalf.

7.3 Where the Merchant issues a refund, it is normally returned to the cards used to pay, in proportion to what each person paid. The Merchant decides how a refund is applied. If the Merchant refunds a single amount to the Organiser, it is for the Organiser to return the other Payers’ contributions to them.

7.4 If the Shortfall Capture has occurred and the Merchant later refunds the purchase, the refund of the captured amount is returned to the Organiser, because that is the card it was taken from.

8. Your rights under the Australian Consumer Law

8.1 Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these terms excludes, restricts or modifies those guarantees, or any other right you have that cannot lawfully be excluded.

8.2 The goods or service you are buying are supplied by the Merchant, not by us. The consumer guarantees for those goods or that service apply to the Merchant as the supplier.

8.3 Where we are permitted to limit our liability, we have set out how in clause 16.

9. Who receives the goods or service

9.1 Paying a Share does not by itself entitle you to receive the goods or service, or any part of them. The Merchant decides who receives the goods or service, under the Merchant’s own terms.

9.2 Maytes does not source, issue or hold tickets, bookings or other entitlements. Some Merchants allocate an entitlement to each Payer directly when that Payer pays. Others issue everything to the Organiser, and the Organiser is then responsible for passing it on.

9.3 If you have paid a Share and the Organiser does not pass on the goods or service to you, that is a matter between you and the Organiser. We are not able to recover it for you, and we cannot require the Merchant to reissue it.

10. If something goes wrong

A problem with the goods or service

10.1 Contact the Merchant. They are the supplier and they are responsible for the goods or service.

A problem with a payment

10.2 Contact us at [email protected]. We will help you establish what happened and will liaise with the Merchant where that is useful.

A payment you did not authorise

10.3 If you believe a payment was made from your card without your authority, contact your card issuer promptly. You may also have rights under the ePayments Code, which your bank administers.

10.4 If you contact us first, we will help you understand what happened and give you the record of what you were shown and what you agreed to, so that you can raise it with your issuer.

A disagreement within your group

10.5 Split with Maytes allows a group to divide a single payment. It does not create any obligation between the Organiser and a Payer, or between Payers, and it does not make any person legally responsible to another for paying a Share.

10.6 Where a Payer does not pay their Share, the consequence is that the Shortfall is captured from the Organiser under clause 4.15. Any arrangement between the Organiser and that Payer about reimbursement is a private matter between them. Maytes is not a party to it, cannot recover the amount on either person’s behalf, and does not act for one against the other.

10.7 We will, on request, provide each person involved with a record of what they were shown, what they agreed to, and what they paid.

11. Complaints

11.1 If you are dissatisfied with any aspect of our service, you may make a complaint by contacting us at [email protected]. Please describe what has happened and the outcome you are seeking.

11.2 We will acknowledge your complaint within 2 business days and provide a response within 21 days. If we require additional time, we will tell you why and when you can expect our response.

11.3 If you are not satisfied with our response, you may contact the consumer protection or fair trading agency in your State or Territory. In New South Wales this is NSW Fair Trading. You may also be able to raise the matter with the Australian Competition and Consumer Commission.

11.4 Where your complaint concerns the goods or service, the Merchant is the appropriate first point of contact, and we will tell you who to contact.

12. Your information

12.1 We collect and handle personal information in accordance with our Privacy Policy at maytes.co/privacy, which forms part of this agreement.

12.2 We collect what we need to arrange the payment and to keep a record of it. That includes your name and contact details, the details of the split, and information about the device you used and the time you did things.

12.3 If you are an Organiser, you give us the contact details of your Payers. We use those details only to send the Payment Link and messages about that split.

12.4 We share information with the Merchant and with Stripe so the payment can be made, and with your card issuer or ours where a payment is queried or disputed.

12.5 We will not send you marketing unless you have separately opted in. You can opt out at any time, and doing so will not affect your ability to use Split with Maytes.

12.6 We keep records of what you were shown and agreed to, and the evidence relating to a payment, for 540 days from the date of the transaction, because a payment can be disputed with a card issuer for up to that period. We keep transaction and financial records for 7 years, as required for tax and record-keeping purposes.

13. Messages we send you

13.1 We send messages about your split by SMS, WhatsApp, email or in the Platform. These include the Payment Link, reminders about unpaid Shares, notice before the Shortfall Capture, and receipts.

13.2 These are messages about a transaction you are part of, not marketing. You cannot opt out of them while a split is active, because you need them to know what is happening with your money.

13.3 Marketing messages are separate. We send them only if you have opted in, and every one of them allows you to opt out.

13.4 A Payment Link identifies the Organiser who invited you, and the Merchant, so that you know why you have received it. Our messages are sent from a verified sender.

14. Using the Platform

14.1 You must use Split with Maytes honestly and lawfully, and only for your own genuine purchases.

14.2 You must not use it fraudulently, use a card you are not entitled to use, provide false information, or use it to launder money or for any other unlawful purpose.

14.3 You must not interfere with the Platform, attempt to gain unauthorised access to it, or copy, adapt or reverse engineer it.

14.4 We may report suspected fraudulent or unlawful activity to the Merchant, to Stripe, or to law enforcement.

15. Availability

15.1 We work to keep the Platform available, but we cannot promise that it will always be available or free of faults.

15.2 If the Platform is unavailable when you are trying to complete a split, the Merchant’s checkout may offer you another way to pay. Whether it does is a matter for the Merchant.

15.3 If the Platform is unavailable and a Payer is unable to pay their Share before the Payment Deadline as a result, contact us. We will work with the Merchant to resolve it.

16. Our liability to you

16.1 Nothing in this clause limits any liability that cannot be limited under the Australian Consumer Law or any other law, including liability for the consumer guarantees, for fraud, or for death or personal injury caused by our negligence.

16.2 Subject to clause 16.1, we are not liable to you for loss you suffer because of the Merchant’s acts or omissions, because another Payer did not pay, or because of a disagreement between you and other people in your group.

16.3 Subject to clause 16.1, our total liability to you in connection with a split is limited to the amount of the fees you paid us in connection with that split.

17. Your liability to us

17.1 You are responsible for any loss we suffer because you have used Split with Maytes fraudulently or unlawfully, or because you have given us information you knew to be false.

18. Suspending or ending access

18.1 We may suspend or stop your access to Split with Maytes if we reasonably believe you have breached these terms, or that your use is fraudulent or unlawful, or if we are required to do so by law or by Stripe.

18.2 Where we can, we will tell you before we do this and explain why. Where we cannot, we will tell you as soon as we are able.

18.3 Suspending your access does not affect a split that is already under way, or any payment already authorised.

19. Changes to these terms

19.1 We may change these terms. If we do, we will publish the new version with a version number and a date.

19.2 The version of these terms that applies to a split is the version you accepted when you set up or paid into that split. A later change does not alter a split already under way, and you accept the current version each time you use Split with Maytes.

19.3 If you do not agree to a change, you can stop using Split with Maytes.

20. Intellectual property

20.1 We own the Platform and everything in it, including our name, logo and software. You may use it only to make and manage splits.

20.2 You may not copy, adapt, reproduce or reverse engineer any part of the Platform, or use our brand without our written permission.

21. General

21.1 These terms are governed by the law of New South Wales. You and we may bring proceedings in the courts of New South Wales, and this does not prevent you from bringing a claim in the courts of the place where you live.

21.2 If part of these terms is unenforceable, the rest continues to apply.

21.3 If we do not enforce a right straight away, we do not lose it.

21.4 We may transfer our rights and obligations under these terms to another company, provided doing so does not reduce your rights. You may not transfer yours.

22. How to contact us

22.1 Email us at [email protected], or write to us at Split with Maytes, PO Box 4, Northbridge NSW 1560. Our full details are KttiPay Pty Ltd (ACN 657 958 195) trading as Split with Maytes.

Schedule 1 — Information disclosed to the Organiser at checkout

This Schedule records the information presented to the Organiser immediately before they confirm a split, and the manner in which their agreement is obtained.

Where it appears. Immediately above the payment button on the final checkout screen, alongside a tick box that must be selected before the split can be confirmed. The tick box is not pre-selected and the split cannot be completed without it.

Information presented.

1. That the Organiser is paying their own Share now, and the amount of that Share
2. That a Hold will be placed on the Organiser’s card for the balance of the Total Amount, and the amount of that Hold
3. The last four digits of the card the Hold will be placed on and from which any Shortfall Capture will be taken
4. That the Hold reduces as each Payer pays their Share
5. The Payment Deadline, expressed as a date and time
6. That any amount unpaid at the Payment Deadline will be charged to that card
7. The maximum amount that may be charged, expressed as a dollar figure
8. A link to these terms and to the Privacy Policy

Record kept. The Organiser’s selection of the tick box is recorded with a timestamp, against the payment intent, together with the version of these terms displayed at that time.

Schedule 2 — Information disclosed to a Payer in a Payment Link

This Schedule records the information presented to a Payer when they open a Payment Link, before they pay.

Where it appears. On the Payment Link page, before the Payer is able to submit payment.

Information presented.

1. The name of the Organiser who initiated the split
2. The name of the Merchant
3. A description of the order
4. The amount of the Payer’s Share
5. Any fee payable by the Payer, inclusive of GST, where one applies
6. The Payment Deadline, and that the Organiser will be charged the Payer’s Share if it is not paid by then
7. That paying a Share does not by itself entitle the Payer to receive the goods or service, and that the Organiser arranged the purchase
8. A link to these terms and to the Privacy Policy

Record kept. The Payer’s agreement to these terms is recorded at the point of payment, together with the version displayed.